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Grand Jury Subpoena and Secrecy (From White-Collar Crime: Fifth Survey of Law, P 1145-1168, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

NCJ Number
American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1145-1168
R S Chun
Date Published
24 pages
This article focuses on the role and function of the grand jury: how it uses the subpoena power to obtain evidence, when individuals are required to comply with grand jury orders, and the circumstances under which grand jury materials are disclosed to defendants, government attorneys, and third parties. Proposals to strengthen the present grand jury process are discussed.
The prosecutor's role in grand jury proceedings is discussed, along with the function of the subpoena. The subpoena duces tecum, compelling witnesses to produce documents, papers, or other physical evidence in their possession, is also examined, along with the subpoena ad testificandum. Procedures for court review of subpoenas and for refusing to comply with subpoenas are identified. The effect of relaxed evidentiary rules on grand jury proceedings is discussed as are common law, constitutional, and statutory privileges for noncompliance. Requirements for maintaining the secrecy of grand jury proceedings are detailed, as are exceptions permitting disclosure. The article questions the independence of present-day grand juries and discusses proposals, including the Model Grand Jury Act, for strengthening the grand jury system. 233 footnotes.


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